Speaker 'did not authorise' search of MP's office

COMMONS Speaker Michael Martin said today that he did not "personally authorise" the search of the House of Commons office of Tory frontbencher Damian Green.

In a statement to the Commons, Mr Martin said police carried out the raid on Thursday, even though they did not have a search warrant.

He expressed "regret" that the police operation had been carried out solely on the basis of a consent form signed by the Serjeant at Arms, Jill Pay.

Mr Martin said he now wanted to establish a committee of seven "senior and experienced" MPs to look into the matter.

He said the House would have the opportunity to debate a motion tabled by the Government to establish the committee on Monday.

The Speaker said the Metropolitan Police informed the Serjeant at Arms on Wednesday that they were contemplating the arrest of an MP but did not disclose his identity.

Mr Martin said Ms Pay told him in the strictest confidence that an MP might be arrested and charged but no further details were given.

At 7am on Thursday, the police called Ms Pay again and explained the background to the case and told her the name of the MP.

Ms Pay then informed Mr Martin who the MP was and that a search might take place of his offices in the House.

"I was not told that the police did not have a warrant," Mr Martin said.

Mr Martin said he had further been told that the police did not explain, as they were required to do, that Ms Pay was not obliged to consent to the search or that a warrant should have been insisted upon.

"I regret that a consent form was then signed by the Serjeant at Arms without consulting the Clerk of the House," he said.

"I must make it clear to the House that I was not asked the question of whether consent should be given or whether a warrant should have been insisted on," he said.

"I did not personally authorise the search."

Mr Martin said it was only later that evening that he was told the search had been carried out only on the basis of a consent form.

He expressed "further regret" that he was formally told by the police only yesterday in a letter from Assistant Commissioner Robert Quick that Mr Green had been arrested.

"I have reviewed the handling of this matter. From now on a warrant will always be required when a search of a Member's office or access to a Member's parliamentary papers is sought.

"Every case must be referred for my personal decision as it is my responsibility."

At one point Mr Martin made clear his exasperation over the events of the past days, telling a Tory MP who tried to interrupt him: "If the honourable gentleman will let me finish... I've waited four days. Some have been able to go on television, I've not had that luxury."

Mr Martin's nine-minute statement was followed by a series of points of order from senior MPs of all the main parties, but there was no challenge to his position, as some had predicted.

Mr Green, seated immediately behind Conservative leader David Cameron, was greeted by cheers from the Tory benches as he rose to speak.

"Can I make it absolutely clear that I believe Members of Parliament are not above the law?" said Mr Green.

"Those who have the real power in this country – ministers, senior civil servants, the police – are also not beyond the law and beyond scrutiny.

"An MP endangering national security would be a disgrace. An MP exposing embarrassing facts about Home Office policy which ministers are hiding is doing a job in the public interest."

Conservative former home secretary Michael Howard said the search of Mr Green's office had sparked "outrage" on all sides of the House over "the attack on the ability of one of its members to do the job he was sent here to do, namely to represent his constituents and hold the Government to account".

And former Liberal Democrat leader Sir Menzies Campbell said: "We are none of us above the law, but that principle applies to the police as much as it applies to us."

Labour former home secretary John Reid urged Mr Martin to ensure that the new committee considers not only the issue of MPs' rights and privileges, but also the principle that MPs remain subject to the rule of law, the need to reassert the independence of the police and the political neutrality of the Civil Service.

Veteran Labour backbencher David Winnick said Mr Martin's account convinced him that last Thursday's raid was "totally without any justification whatsoever (and) a breach of parliamentary convention".

Mr Winnick said a prompt explanation was needed from the police as to why they acted as they did.

And senior Tory backbencher Douglas Hogg said the entry into the House without a warrant was "a scandal" and police had behaved "deplorably".

Mr Martin brought discussion of the events to a conclusion after about 25 minutes, telling MPs they would have a chance to debate them in full on Monday.